AI Structured Summary
Not yet generated for this judgment
Judgment
Sanjeev Sachdeva, J
FAO 191/2019 & CM APPL.16550/2021
The hearing was conducted through video conferencing.
Appellant impugns order dated 04.01.2018 whereby the application filed by respondent seeking compensation for injury under the Employees
Compensation Act, 1923 has been allowed. An amount of Rs.9,45,888/- along with interest at the rate of 12% per annum has been awarded to the
respondent claimant.
Appellant has deposited a sum of Rs.13,90,461/- with this Court pursuant to order dated 30.07.2019.
Parties have settled their disputes and consequently the application under Order 23 Rule 3 CPC has been filed.
Application is signed by the authorised signatory of the appellant as well as by the respondent and supported by their respective affidavits.
As per the settlement, respondent has agreed to accept a sum of Rs.10 lakhs in full and final settlement of his claim.
I have perused the terms of the settlement and find the same to be lawful.
In view of the above, the impugned order dated 04.01.2018 is modified to the extent that the sum of Rs.10 lakhs shall be paid in full and final
settlement of the claim of the respondent.
Out of the amount deposited by the appellant, a sum of Rs.3,47,615.25/- has already been released to the respondent pursuant to order dated
09.01.2020.
Consequently, a sum of Rs.6,52,384.75/- be released to the respondent. Remaining amount deposited by the appellant along with interest accrued
thereon shall be refunded to the appellant.
Parties shall provide the respective account details to the Registry and after due verification the amount shall be directly deposited in the personal
accounts of the parties.
The appeal and the application are accordingly disposed of in the above terms.
Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.